Terms & Agreement
Audible Audiobook Giveaway Official Rules
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
- The [Audible Audiobook Giveaway] (the “Promotion”) is sponsored by Los Angeles Times Communications LLC (“LATimes”), 2300 East Imperial Highway, El Segundo, CA 90245 Promotion is offered only within the United States of America (“Promotion Area”). Void outside Promotion Area and where prohibited.
- LATimes will be entitled to interpret these Official Rules — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules.
- Promotion begins on [October 18], 2020 at [9am] Pacific Time (“PT”) and runs through [7pm PT on November 13, 2020] (“Promotion Period”). The Promotion will run in conjunction with the 2020 Los Angeles Times Festival of Books Stories & Ideas (the “Festival”). The Festival will begin on October 18, 2020, and events will be held on 21 days between October 18 and November 13, 2020 (each, a “Festival Day”). The Festival Days are as follows: [10/18, 10/19, 10/20, 10/21, 10/22, 10/23, 10/26, 10/27, 10/28, 10/29, 10/30, 11/1, 11/2,11/4, 11/5, 11/6,11/9, 11/10, 11/11, 11/12, 11/13]. LATimes’ computer is the official time-keeping device for this Promotion.
- To be eligible, each entrant must be at least 18 years old and be a legal resident of the Promotion Area (above) as of the Promotion start date.
- Officers, directors, members, and employees of LATimes, Audible, and of their parents, subsidiaries, and affiliates, and any other entity involved in the development or administration of this Promotion (collectively, the “Promotion Parties”), and the immediate family members (defined as spouse, children, parents, siblings, grandparents, and grandchildren) of the foregoing individuals and members of their households are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
- Entries will be accepted beginning during the Promotion Period. To enter, visit the Festival webpage at https://events.latimes.com/festivalofbooks and accurately complete the online entry form. Entries will not be accepted through any other method.
- All entries must be received by LATimes no later than the close of the Promotion Period. Proof of sending is not proof of receipt by LATimes. LATimes will not accept screen shots as proof of entry.
- Limit one entry per person, regardless of method of entry. Additional entries received from any such person thereafter will be subject to disqualification if discovered by LATimes. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses, identities, registrations or logins) are prohibited and will void all entries submitted by that entrant if discovered by LATimes. No group submissions will be accepted.
- Entries must include a valid email address for the entrant. LATimes is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. If there is a dispute as to the identity or eligibility of a winner based on an email address, the entry will be deemed made by the “Authorized Account Holder” of the email address used for entry. The Authorized Account Holder is the natural person who is assigned to the email address by the relevant Internet access provider, online service provider, or other organization responsible for assigning email addresses for the corresponding domain.
- Entrants who fail to provide any required information may be disqualified without further notification by LATimes. LATimes is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect, or late for any reason, and all such entries are void. LATimes reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Received entries become the property of LATimes and will not be returned or acknowledged.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS
- LATimes or its designee will randomly choose one winner for each Festival Day. To be eligible for the drawing on a particular Festival Day, entries must be received by the conclusion of the event on each event day. Winners will be notified by 11:59 p.m. PT on that Festival day.
- Non-winning entries will carry over from one Festival Day drawing to the next. Subject to verification of eligibility, the person whose name is drawn will be declared the winner for that Festival Day. The odds of winning depend on the number of eligible entries for each drawing.
- LATimes will attempt to contact each potential winner in accordance with the information supplied to LATimes on his or her official entry form. Winner must respond to initial notification within 48 hours of initial notification attempt and may be required to present valid photo identification, proof of age, residency, and possession of a valid credit card, signed affidavit or declaration of eligibility, liability release, publicity release, tax forms and/or other legal documents to LATimes no later than 24 hours after acceptance of prize. LATimes may in its sole discretion allow transmission of verification documents via fax or email.
- If a potential winner (a) cannot be contacted directly by, or does not respond to, LATimes within 48 hours of initial attempted notification; (b) fails to satisfy any eligibility or verification requirement herein; (c) declines to accept the prize; (d) fails to provide required identification or sign and return required documents by the deadline set by LATimes; or (e) is otherwise determined to be ineligible, LATimes in its discretion may disqualify that individual and, an alternate winner may be chosen by random drawing from remaining eligible entries for that Festival Day as soon as reasonably practicable after such disqualification. Any alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. If a winner cannot be verified for the prize after one alternate drawing, no further drawings will be held for that prize and that prize will not be awarded.
- LATimes may, in its sole discretion, post the verified winners’ names on the Promotion Page and/or any of LATimes websites.
- There are 25 prizes, one per Festival Day. Each prize is a download of an Audible audiobook. The prize will be awarded in the form of a promo code that will be sent to each winner and can be redeemed at Audible.com. The approximate retail value (“ARV”) of each prize is $14.95. The total ARV of the prizes is $373.75.
- All prize details will be at LATimes’ sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local income, sales and use taxes (if any). Audible promo code subject to Audible terms and conditions.
- Prize is not transferable or redeemable for cash and may not be sold, bartered or auctioned. Prize may not be substituted except that LATimes in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced by LATimes.
- Any portion of the prize not used by winner is forfeit and no cash substitute will be offered or permitted. Prize offered is provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including but not limited to their quality, mechanical condition or fitness for a particular purpose.
- Each winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the total ARV of the prize awarded if required and is solely and exclusively responsible for any and all state, federal, or local income taxes or other fees that may result from his or her acceptance of any prize. Winner may also be required to provide LATimes a valid social security number for tax purposes.
- By accepting a prize, the winner grants LATimes the right to publicize his or her name, photographs (including the use and appearance of the winner’s photograph on LATimes’ websites), likeness, biographical information, email address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- Entrants agree that the Promotion Parties, their agents, officers, directors, employees, and related persons (collectively, “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by LATimes by the deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize or any part thereof.
- UNDER NO CIRCUMSTANCES WILL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
- All third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and will in no way imply an endorsement or sponsorship of the Promotion.
- LATimes reserves the right to cancel, suspend or terminate this Promotion or any part thereof, if LATimes determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond LATimes’ control. In such an event, LATimes will post notice of same at the Promotion Page and select the remaining winners by conducting a random drawing from among all eligible, non-suspect, non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as LATimes, in its sole discretion, deems fair and appropriate under the circumstances.
- LATimes reserves the right to disqualify any individual from further participation in the Promotion if LATimes concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has disregarded or has attempted to circumvent these Official Rules, or (c) has acted toward any Promotion Party or any other entrant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by LATimes to enforce any of these Official Rules will not constitute a waiver of such Official Rules.
- All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with LATimes concerning such verification and/or auditing. If LATimes determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, LATimes reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. If a dispute arises regarding compliance with these Official Rules, LATimes may consider, in its sole discretion, data reasonably available to LATimes through information technology systems in LATimes’ control, but LATimes will not be obligated to consider any data or other information collected from any other source.
- LATimes reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, LATimes reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- By entering the Promotion, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, must be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
- If there is any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules will govern.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, will be governed by California law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than California. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules may be brought only in the federal or state courts located in Los Angeles, California and entrants consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- For a copy of the Official Rules or the final winners list(available after the close of the Promotion Period, mail a SASE to: Winners List, [Audible Audiobook Giveaway], c/o Festival of Books Programming, Los Angeles Times, 2300 East Imperial Highway, El Segundo, CA 90245. Requests must be received within 60 days after the end of the Promotion Period.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. Sweepstakes runs from _10_/18_/20 at [9am] PT to _11_/13 /20 at [7pm] PT. Open only to legal [residents] who are 18+ as of start date. Void where prohibited & outside sweepstakes area. To enter, visit https://events.latimes.com/festivalofbooks & complete entry form. Limit 1 entry per person. 25 drawings & entries must be received by 11:59 pm PT on drawing date. 25 Prizes: 1 Audible audiobook download. ARV: $14.95. Total ARV: $373.75. Odds depend on # of elig. entries for each drawing. Full rules & drawing dates at https://events.latimes.com/festivalofbooks/terms-agreement. Sponsor: Los Angeles Times, 2300 E. Imperial Hway, El Segundo, CA 90245.